§ 1040. Transportation of dependent patients

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1965

   Pub. L. 89–140 § 1(1) · 79 Stat. 579

   Enacted · 10 U.S.C. § 1040

   Added Pub. L. 89–140, § 1(1), Aug. 28, 1965, 79 Stat. 579

   Source evidence

   Code source credit
   Added Pub. L. 89–140, § 1(1), Aug. 28, 1965, 79 Stat. 579

   Enacted provision · exact public law section
   (1) by adding the following new section at the end thereof: “§ 1040. Transportation of dependent patients “(a) Except as provided in subsection (b), if a dependent accompanying a member of the uniformed services who is stationed outside the United States and who is on active duty for a period of more than thirty days requires medical attention which is nor available in the locality, transportation of the dependents at the expense of the United States is authorized to the nearest appropriate medical facility in which adequate medical care is available. On his recovery or when it is administratively determined that the patient should be removed from the medical facility involved, the dependent may be transported at the expense of the United States to the duty station of the member or to such other, place determined to be appropriate under the circumstances. If a dependent is unable to travel unattended, round-trip transportation and travel expenses may be furnished necessary attendants. “(b) This section does not authorize transportation and travel expenses for a dependent for elective surgery which is determined to be not medically indicated by a medical authority designated under joint regulations to be prescribed under this section. “(c) ‘Dependent’ and ‘uniformed services’ in this section have the Definitions. 72 Stat. 1446. meanings of those terms as defined in section 1072 of this title. “(d) Transportation and travel expenses authorized by this section shall be furnished in accordance with joint regulations to be prescribed by the Secretary of the Treasury, the Secretary of Defense, the Secretary of Commerce, and the Secretary of Health, Education, and Welfare, which shall require the use of transportation facilities of the United States insofar as practicable.”; and

2. 1980

   Defense Officer Personnel Management Act

   Pub. L. 96–513 title V § 511(32) · 94 Stat. 2835

   Substituted · 10 U.S.C. § 1040(d)

   Pub. L. 96–513 substituted “Secretary of Transportation” and “Secretary of Health and Human Services” for “Secretary of the Treasury” and “Secretary of Health, Education, and Welfare”, respectively

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 96–513 substituted “Secretary of Transportation” and “Secretary of Health and Human Services” for “Secretary of the Treasury” and “Secretary of Health, Education, and Welfare”, respectively.

   Enacted provision · exact public law section
   (32) Subsection (d) of the first section 1040 is amended— (A) by striking out “Secretary of the Treasury” and inserting in lieu thereof “Secretary of Transportation”; and (B) by striking out “Secretary of Health, Education, and Welfare” and inserting in lieu thereof “Secretary of Health and Human Services”.

3. 1983

   Department of Defense Authorization Act, 1984

   Pub. L. 98–94 title IX § 913(b) · 97 Stat. 614

   Inserted · 10 U.S.C. § 1040(a)

   Pub. L. 98–94 inserted “, and such expenses may be paid in advance” after “attendants”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 98–94 inserted “, and such expenses may be paid in advance” after “attendants”.

4. 1984

   Department of Defense Authorization Act, 1985

   Pub. L. 98–525 § 1405(21) · 98 Stat. 2492

   Substituted · 10 U.S.C. § 1040(a)

   Pub. L. 98–525, § 1405(21), substituted “30” for “thirty”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 98–525, § 1405(21), substituted “30” for “thirty”.

   Enacted provision · exact public law section
   (21) Section 1040(a) is amended by striking out “thirty” and inserting in lieu thereof “30”.

5. 1984

   Department of Defense Authorization Act, 1985

   Pub. L. 98–525 § 611 · 98 Stat. 2492

   Changed · 10 U.S.C. § 1040(a)

   Pub. L. 98–525, § 611, made provisions of section applicable to a dependent accompanying a member of the uniformed services stationed in Alaska or Hawaii

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 98–525, § 611, made provisions of section applicable to a dependent accompanying a member of the uniformed services stationed in Alaska or Hawaii.

   Enacted provision · exact public law section
   Sec. 611. emergency medical transportation for dependents of members stationed in alaska or hawaii Effective on October 1, 1984, section 1040(a) of title 10, United States Code, is amended by inserting “or in Alaska or Hawaii” after “outside the United States”.

6. 1986

   Pub. L. 99–348 title III § 304(a)(2) · 100 Stat. 682

   Substituted · 10 U.S.C. § 1040(c)

   Pub. L. 99–348 substituted “In this section, the term ‘dependent’ has the meaning given that term in” for “ ‘Dependent’ and ‘uniformed services’ in this section have the meanings of those terms as defined in”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 99–348 substituted “In this section, the term ‘dependent’ has the meaning given that term in” for “ ‘Dependent’ and ‘uniformed services’ in this section have the meanings of those terms as defined in”.

   Enacted provision · exact public law section
   (2) Section 1040(c) is amended by striking out “‘Dependent’ and ‘uniformed services’ in this section have the meanings of those terms as defined in” and inserting in lieu thereof “In this section, the term ‘dependent’ has the meaning given that term in”.

7. 1986

   Department of Defense Authorization Act, 1987

   Pub. L. 99–661 div. A title VI § 616(a) · 100 Stat. 3816

   Substituted · 10 U.S.C. § 1040(a)

   Pub. L. 99–661 substituted “In addition to transportation of a dependent at the expense of the United States authorized under this subsection, reasonable travel expenses incurred in connection with the transportation of the dependent may be paid at the expense of the United States. Travel expenses authorized by this section may include reimbursement for necessary local travel in the vicinity of the medical facility involved. The transportation and travel expenses authorized by this section may be paid in advance” for “, and such expenses may be paid in advance”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 99–661 substituted “In addition to transportation of a dependent at the expense of the United States authorized under this subsection, reasonable travel expenses incurred in connection with the transportation of the dependent may be paid at the expense of the United States. Travel expenses authorized by this section may include reimbursement for necessary local travel in the vicinity of the medical facility involved. The transportation and travel expenses authorized by this section may be paid in advance” for “, and such expenses may be paid in advance”.

   Enacted provision · exact public law section
   (a) In General.— Section 1040(a) of title 10, United States Code, is amended by striking out the comma after “attendants” and all that follows in the third sentence and inserting in lieu thereof a period and the following: “In addition to transportation of a dependent at the expense of the United States authorized under this subsection, reasonable travel expenses incurred in connection with the transportation of the dependent may be paid at the expense of the United States. Travel expenses authorized by this section may include reimbursement for necessary local travel in the vicinity of the medical facility involved. The transportation and travel expenses authorized by this section may be paid in advance.”.

   Effective date note
   Pub. L. 99–661, div. A, title VI, § 616(b), Nov. 14, 1986, 100 Stat. 3880, provided that: “The amendment made by subsection (a) [amending this section] shall apply only to travel performed on or after the date of the enactment of this Act [Nov. 14, 1986].”

8. 2011

   National Defense Authorization Act for Fiscal Year 2012

   Pub. L. 112–81 div. A title VII § 705 · 125 Stat. 1298

   1. Amended · 10 U.S.C. § 1040(a)

      Pub. L. 112–81 designated existing provisions as par. (1)

   2. Added · 10 U.S.C. § 1040(a)

      Pub. L. 112–81 added par. (2)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 112–81 designated existing provisions as par. (1) and added par. (2).

   Enacted provision · exact public law section
   SEC. 705. TRAVEL FOR ANESTHESIA SERVICES FOR CHILDBIRTH FOR COMMAND-SPONSORED DEPENDENTS OF MEMBERS ASSIGNED TO REMOTE LOCATIONS OUTSIDE THE CONTINENTAL UNITED STATES.   Section 1040(a) of title 10, United States Code, is amended— (1) by inserting “(1)” after “(a)”; and (2) by adding at the end the following new paragraph: “(2) (A) Except as provided by subparagraph (E), for purposes of paragraph (1), required medical attention of a dependent includes, in the case of a dependent authorized to accompany a member at a location described in that paragraph, obstetrical anesthesia services for childbirth equivalent to the obstetrical anesthesia services for childbirth available in a military treatment facility in the United States. “(B) In the case of a dependent at a remote location outside the continental United States who elects services described in subparagraph (A) and for whom air transportation would be needed to travel under paragraph (1) to the nearest appropriate medical facility in which adequate medical care is available, the Secretary may authorize the dependent to receive transportation under that paragraph to the continental United States and be treated at the military treatment facility that can provide appropriate obstetrical services that is nearest to the closest port of entry into the continental United States from such remote location. “(C) The second through sixth sentences of paragraph (1) shall apply to a dependent provided transportation by reason of this paragraph. “(D) The total cost incurred by the United States for the provision of transportation and expenses (including per diem) with respect to a dependent by reason of this paragraph may not exceed the cost the United States would otherwise incur for the provision of transportation and expenses with respect to that dependent under paragraph (1) if the transportation and expenses were provided to that dependent without regard to this paragraph. “(E) The Secretary may not provide transportation to a dependent under this paragraph if the Secretary determines that— “(i) the dependent would otherwise receive obstetrical anesthesia services at a military treatment facility; and “(ii) such facility, in carrying out the required number of necessary obstetric cases, would not maintain competency of its obstetrical staff unless the facility provides such services to such dependent. “(F) The authority under this paragraph shall expire on September 30, 2016.” .

9. 2013

   National Defense Authorization Act for Fiscal Year 2014

   Pub. L. 113–66 § 621(b)(1) · 127 Stat. 672

   Substituted · 10 U.S.C. § 1040(a)(1)

   Pub. L. 113–66, § 621(b)(1), substituted “travel and transportation allowances may be furnished to necessary attendants. The dependents and any attendants shall be furnished such travel and transportation allowances as specified in regulations prescribed under section 464 of title 37.” for “round-trip transportation and travel expenses may be furnished necessary attendants. In addition to transportation of a dependent at the expense of the United States authorized under this subsection, reasonable travel expenses incurred in connection with the transportation of the dependent may be paid at the expense of the United States”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 113–66, § 621(b)(1), substituted “travel and transportation allowances may be furnished to necessary attendants. The dependents and any attendants shall be furnished such travel and transportation allowances as specified in regulations prescribed under section 464 of title 37.” for “round-trip transportation and travel expenses may be furnished necessary attendants. In addition to transportation of a dependent at the expense of the United States authorized under this subsection, reasonable travel expenses incurred in connection with the transportation of the dependent may be paid at the expense of the United States”.

   Enacted provision · exact public law section
   (1) in subsection (a)(1), by striking “round-trip transportation” and all that follows through “may be paid at the expense of the United States” and inserting “travel and transportation allowances may be furnished to necessary attendants. The dependents and any attendants shall be furnished such travel and transportation allowances as specified in regulations prescribed under section 464 of title 37.”; and

10. 2013

    National Defense Authorization Act for Fiscal Year 2014

    Pub. L. 113–66 § 621(b)(2) · 127 Stat. 672

    Struck · 10 U.S.C. § 1040(d)

    Pub. L. 113–66, § 621(b)(2), struck out subsec. (d) which read as follows: “Transportation and travel expenses authorized by this section shall be furnished in accordance with joint regulations to be prescribed by the Secretary of Transportation, the Secretary of Defense, the Secretary of Commerce, and the Secretary of Health and Human Services, which shall require the use of transportation facilities of the United States insofar as practicable.”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 113–66, § 621(b)(2), struck out subsec. (d) which read as follows: “Transportation and travel expenses authorized by this section shall be furnished in accordance with joint regulations to be prescribed by the Secretary of Transportation, the Secretary of Defense, the Secretary of Commerce, and the Secretary of Health and Human Services, which shall require the use of transportation facilities of the United States insofar as practicable.”

    Enacted provision · exact public law section
    (2) by striking subsection (d).

11. 2014

    Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015

    Pub. L. 113–291 div. A title X § 1071(f)(11) · 128 Stat. 3292

    Substituted · 10 U.S.C. § 1040(a)(1)

    Pub. L. 113–291 substituted “37.” for “37..”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 113–291 substituted “37.” for “37..”.

    Enacted provision · exact public law section
    (11) Section 1040(a)(1) is amended by striking “..” and inserting a period.

12. 2015

    National Defense Authorization Act for Fiscal Year 2016

    Pub. L. 114–92 div. A title VII § 721 · 129 Stat. 726

    Struck · 10 U.S.C. § 1040(a)(2)(F)

    Pub. L. 114–92 struck out subpar. (F) which read as follows: “The authority under this paragraph shall expire on September 30, 2016.”

    Source evidence

    Code amendment note
    Subsec. (a)(2)(F). Pub. L. 114–92 struck out subpar. (F) which read as follows: “The authority under this paragraph shall expire on September 30, 2016.”

    Enacted provision · exact public law section
    SEC. 721. PROVISION OF TRANSPORTATION OF DEPENDENT PATIENTS RELATING TO OBSTETRICAL ANESTHESIA SERVICES.   Section 1040(a)(2) of title 10, United States Code, is amended by striking subparagraph (F).

12 of 13 references resolved to an enrolled provision · 1 partial